| ROBERT STREETER AND CATHERINE STREETER, AS WIFE OF ROBERT STREETER V VIP STRUCTURES, INC. AND SYRACUSE UNIVERSITY |
| Motion No: CA 14-01669 |
| Slip Opinion No: 2014 NY Slip Op 88893(U) |
| Decided on October 30, 2014 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-01669
| ROBERT STREETER AND CATHERINE STREETER, AS WIFE OF ROBERT STREETER,
PLAINTIFFS-APPELLANTS, V VIP STRUCTURES, INC. AND SYRACUSE UNIVERSITY,
DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 29, 2014, on the ground that appellants may not appeal the denial of a motion to reargue,
Now, upon reading and filing the affidavit of Keith M. Frary, Esq., sworn to September 12, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Memorandum: "An order denying a motion to reargue is not appealable" (see Empire Ins. Co. v Food City, 167 AD2d 983). In addition, inasmuch as Supreme Court's order sua sponte denied other relief, it is not appealable as of right (see Sholes v Meaher, 100 NY2d 333, 335).
Entered: October 30, 2014
Frances E. Cafarell, Clerk